Supreme Court has affirmed the appointment of Oba Mufutau Gbadamosi, Okikiola Esuwoye II, as the Olofa of Offa in Kwara.
Justice Walter Onnoghen delivered the unanimous judgment of the five justices, Olabode Rhodes-Vivour, Nwali Ngwuta, Mary Peter-Odili and Amiru Sanusi.
In his lead judgment, Onnoghen held that the appointment by the Kwara Government was in line with the customs and tradition of the people of Offa.
The apex jurist held that Anilelerin is the only authentic ruling house that could ascend the thrown of Olofa, adding that the Olugbense ruling house had no historical backing.
“From the history, customs and tradition of the people of Offa, it is clear that Anilelerin ruling house, is the authentic and only ruling house backed by native law and authority that can ascend the thrown of Olofa.’’
He also dismissed the principle of rotation of the kingship in Offa land.
“If there is rotation as claimed by the Olugbense family, the principle will have started before the ascension of the immediate past Olofa, Oba Mustapha Olanipekun. This court also found, as a fact, that there is no rotational policy in existence as far as the stool of Olofa of Offa is concerned.
“The claim of the Olugbense family has no historical backing and therefore, the claim of the appellant, through a counter claim on the issue, succeeds and is hereby affirmed.’’
The court also held that the ascension to the throne is by election and not by rotation as claimed by the Olugbense family.
He also declared the state government Gazette of 1970, which recognised Olugbense ruling house was null and void because it was contrary to the customs and tradition of the people of Offa.
The apex court also set aside the judgments secured by the plaintiffs at the state High Court and the Court of Appeal Division in Ilorin.
The court, however, expressed the hope that the customs and traditions of the people being dynamic was subject to changes depending on the practices of people concern at the particular time.
“It is hoped that in due course Offa people, particularly the ruling house will see need and reasons to effect necessary changes to enable
Olugbense descendants ascend the stool once again.’’
The court encouraged the people to talk things over and find a peaceful solution to the problem and advice the state government accordingly.
Alhaji Saka Adeyemo, Abdulrauf Adegboyega Keji and Saka Keji of Olugbense family had challenged the appointment of Gbadamosi as Esuwoye II.
They contended that the appointment contravened Section 3(3) of Kwara State Government Edict on appointment of and deposition Chief’s law of 1970.

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  • Dr. Jegede, Ajibade Ebenezer

    What featured Olugbense on the throne in the past if there is no lay down procedures to ascension? These judges, you are just using your privileged position to thwart justice whenever it suits the power that be. In your own wisdom, there is none of you that is sensible enough to asked the question or establish the fact on what circumstance brought this same family on board previously. Once the other party is viewed as not financially buoyant, judgement will just be dispensed against them. At what time can one say that justices are now becoming benevolent through their plea to permit other ruling house to ascend the throne. I am quite sure that your conscience really judged you before you brought such a plea to fore. Just enjoy what you want to enjoy here, there is a better judgement coming and this is a place where no one can influence verdict and the judges also shall be judged. Repent before it is too late.